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North Carolina Innovation Council Takes Shape to Implement New FinTech and InsurTech Regulatory Sandbox Program

As home to the second largest banking center in the country, North Carolina has stepped onto the leading edge of innovation in the FinTech and InsurTech arenas. Late last year, Governor Cooper signed into law H624, the North...more

As States Begin to Ease COVID-19 Restrictions, How Are Businesses Faring in Business Interruption Coverage Disputes?

When state and local governments began issuing shutdown and stay-at-home orders a little over a year ago, it was difficult to fathom how long businesses would be struggling to operate within the boundaries of the...more

Is There a Fix for COVID Business Interruption and Event Cancellations Losses on the Horizon?

The losses sustained by American businesses in the wake of the COVID-19 pandemic will be measured at a level that may never be seen again in our lifetime. On July 30th, the U.S. Bureau of Economic Analysis issued an advance...more

Pandemic Risk Insurance Act of 2020 Introduced in Congress – A Federal Backstop for Business Interruption and Event Cancellation...

After months of discussion and drafting, H.R.7011, the Pandemic Risk Insurance Act of 2020 (PRIA) was introduced by Representative Carolyn Maloney and twenty co-sponsors on May 26, 2020. If passed as currently drafted, the...more

North Carolina Considering COVID-19 Workers’ Compensation Expansion for Frontline and Essential Workers

For the last two months, the doors of millions of businesses and homes have been shuttered due to government mandated stay at home orders. Through it all, the individuals who have served on the front lines and in essential...more

Mandated Coverage and Public-Private Risk Sharing Initiatives Under Consideration for COVID-19 Related Business Interruption...

In just a few weeks, we have gone from discussing what was believed to be the first COVID-19 lawsuit related to business interruption insurance and a handful of state legislative efforts to redefine the scope of coverage for...more

COVID-19 Business Interruption Insurance Litigation Proliferates

A few weeks ago we were discussing what was believed to be the first COVID-19 lawsuit related to business interruption insurance and a handful of state legislative efforts to redefine the scope of coverage for businesses...more

Retooling Your Business for COVID-19: Product Liability Immunity & Insurance for Manufacturing Pandemic Products

One thing, among many, that enduring the COVID-19 crisis is reminding us of is that the resilience of the human spirit is remarkable. Amidst calls for more personal protective equipment for the dedicated healthcare workers on...more

State Legislators Seek to “Rewrite” Insurance Policies, Requiring Coverage of COVID-19 Business Interruption Losses

The Novel Coronavirus (COVID-19) pandemic has elicited extraordinary suppression and mitigation measures from all levels of government in the U.S. and around the world. It is difficult to fathom the extent to which the...more

Operating A Business Under North Carolina’s COVID-19 “Stay-At-Home” Order: Essential Business Designation & Reentry Certification

At 5:00 p.m. on Monday, March 30, 2020, all citizens and businesses of North Carolina will join hundreds of millions of others in the United States that are subject to state or local government issued “stay-at-home” orders....more

A Place for Insurance in a Global Pandemic: How Do Event Cancellation & Business Interruption Policies Apply to COVID-19?

It is an understatement to say that the foothold the 2019 Novel Coronavirus (COVID-19) has gained in the U.S. and resulting government mandates have developed at a rapid pace. Two weeks ago, companies were open for business,...more

North Carolina State and Local Land Use Laws Under Revision to Prepare for the Future: The Charlotte UDO and NCGS §160D

Over the course of the last several years, we have seen movement at the state and local levels to revamp land use laws to prepare North Carolina for the future. Population growth in North Carolina has outpaced the nation...more

An Agreement to Arbitrate Employment Claims Must Also Allow for Access to Full Remedies Before the NLRB

In a separate post, we discussed several cases decided by the National Labor Relations Board (NLRB) in which the Board invalidated agreements requiring employees to arbitrate employment-related claims due to vague language...more

Watch Your Language: An Agreement to Arbitrate Employment Claims Must Allow for NLRA Claims Before the NLRB

The U.S. Supreme Court settled the long-standing dispute regarding the viability of class arbitration waivers in employment contracts with its determination in Epic Systems Corp. v. Lewis, 584 U. S. ____ (2018) that they...more

Exciting Times in Charlotte Development: City Council Moves UDO Process Forward with Transit Oriented Development Rezoning...

It is an exciting time to be living in Charlotte, North Carolina, whether you have deep roots here or are a recent addition to our burgeoning city. North Carolina is experiencing rapid growth, adding nearly 309 people per...more

U.S. Supreme Court Limited Authority to Remove Class Actions to Original Defendants, Third-Party Counterclaim Defendants May Not...

A defendant by any other name does not smell as sweet when it comes to removing class actions from state court to federal court, even under the Class Action Fairness Act of 2005 (“CAFA”). Congress passed CAFA to address...more

New Charlotte Transit Oriented Development Regulations Approved, What’s Next?

The City of Charlotte has revamped its approach to Transit Oriented Development (TOD) as an initial step in the process of transforming the city into a liveable one that provides transportation options for all residents to...more

No Standing to Sue, No Class Action Settlement – U.S. Supreme Court Remands Cy Pres Settlement Case Without Reaching the Merits

We have been following the Frank v. Gaos, 586 U. S. __ (2019) class action case, which presented an opportunity for the U.S. Supreme Court to determine the limits on the use of the cy pres doctrine in the context of class...more

Charlotte’s Transit Oriented Development Revision in Full Swing with Upcoming Public Hearing

Updated February 5, 2019 to reflect change in scheduled events and Public Hearing date. The Charlotte Department of Planning, Design & Development (Planning Department) is facilitating the transformation of the city into...more

Standing in the Way of a Supreme Court Decision on Cy Pres-Only Class Action Settlements

What is the value of the class action mechanism if no redress is provided to plaintiffs at all? Is the class action about providing a remedy to plaintiffs, is it just about getting the defendant company to pay something to...more

What About the Merits – What, If Anything, Will the Supreme Court Do With Cy Pres-Only Class Action Settlements?

We have been talking about Frank v. Gaos, (No. 17-961), since the U.S. Supreme Court decided to tackle the extreme case of the use of the cy pres doctrine in the context of class action cases. The settlement is a cy pres-only...more

Drilling into Charlotte’s Transit Oriented Development (TOD) – Final Public Draft Available for Review

Several months ago, Charlotte’s Planning Director Taiwo Jaiyeoba charted a new course for drafting Charlotte’s Unified Development Ordinance (CLTUDO). We are now undertaking the development of a comprehensive vision plan for...more

How Much is that Disclosure Worth? NC Business Court Curbs Attorney Fee Award in Shareholder Disclosure-Only Class Action

Class actions challenging corporate merger transactions often result in settlement agreements in which the only remedy obtained by the plaintiff class is the company defendants’ additional disclosure of information related to...more

Has Cy Pres Gone Too Far: U.S. Supreme Court to Consider When Class Action Plaintiffs Get Nothing, but Their Lawyers and Charities...

There has been a lot of discussion surrounding class action litigation over the course of the last several years. The U.S. Supreme Court has tackled a variety of issues ranging from the use of class action waivers in...more

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